Kansas Recent Legal Answers from Lawyers

Your husband would not be able to obtain a green card through an immigrant visa petition filed by you if you are divorced. A final judgment of divorce makes him ineligible for a green card. Even without a final judgment of divorce, the fact that your husband is in divorce proceedings will likely lead to a denial of his green card application. You can always withdraw the Form I-130 if you do not wish for him to get a green card through the petition you filed. ... Read Answer

To be eligible for naturalization, you must establish continuous residence. An absence of 180 days or more would trigger a presumption that you failed to continuously reside in the United States. You may read more about the naturalization requirements at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

It is not clear what your are asking. Are you asking whether you could switch employers? If so, the answer is no. Your employment is tied to a specific employer and L-1 status cannot be transferred to another employer. You would need a different nonimmigrant status to change employers. If you simply wish to change positions within the company, this may be possible. You may need to change your nonimmigrant status depending upon the duties of the new position. You can read more about L-1 visas at http://myattorneyusa.com/overview-of-requirements-for-l1-and-l2-visas.... Read Answer

Your father may be able to seek an immigrant visa to return to the United States. Whether he can or not will depend upon the reason he was deported. Some individuals who are deported are barred from returning while others need to wait several years or apply for waivers to return. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

It is your burden to establish eligibility for removal of conditions. It is advisable to submit any and all evidence that establishes your eligibility. The kind of evidence that must be submitted depends upon whether you are filing a joint petition or a waiver of the joint filing requirement. You can read more about removal of conditions at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Is your partner currently in the United States? If so, when did she enter? When did you decide to marry? If your partner is not in the United States, you would need to file a fiancé visa petition on her behalf. This visa would allow her to enter the United States with the intent to marry and seek a green card. Entering on another nonimmigrant visas and with the intent to marry can lead to other adverse consequences. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Does the caption under the photo say that you were a convicted sex offender, or that you were arrested for a sex offense?  The first is false, and defamatory - you can sue for libel.  The second is literally true, and you would probably only have a case for libel if you can show that the website was being deliberately misleading, and implying, falsely, that you had been convicted of the crime.... Read Answer

Once your divorce is final your partner can file a fiancé visa petition on your behalf. A fiancé visa will allow you to enter the United States with the intent to marry and seek permanent residence. You will need to marry within 90 days of entry. You can request employment authorization after entry. After you have married, you would petition for a green card. You can read more about the fiancé visa at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

it may have been inappropriate, but I can see nothing illegal.  As a general rule, unless your communications are privileged (i.e. with a doctor about your health, your lawyer seeking legal advice, your clergyperson, etc.), or unless you have some sort of confidentiality or non-disclosure agreement, anyone with whom you communicate has the right to share that communication with anyone else they want.... Read Answer

If the husband has been authorized to work visa by the US government, let us say it's an H-2B temporary work visa, then the wife may accompany her husband as an H-4 visa holder. There is no need for a tourist visa. She goes to the consulate with her husband's visa approval documents, her birth and marriage certificates, along with a valid South African passport, and she should be issued the appropriate H-4 visa.... Read Answer

Your green card remains valid for the two year period despite divorce. To seek a ten-year green card you will need to apply for removal of conditions. You may seek removal even if divorced by requesting a waiver. You will need to establish the marriage was entered in good faith. You can read more about the waiver process at http://myattorneyusa.com/seeking-waiver-of-joint-filing-requirement-of-uscis-from-i-751.... Read Answer

You and your parents can both file for you sister. Visa availability times are changeable and the time for sibling petitions may speed up in the future. Also your sister's circumstances may change, e.g. her getting married, which may necessitate a backup plan. Neither application is complex where there are common parents.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

You failed to mention your immigration status. Depending upon your immigration status, your son may qualify for immigration benefits. Your son may also qualify for DACA. A person seeking DACA must meet the following criteria: (1) been under the age of 31 on June 15, 2012; (2) arrived to the United States before reaching the 16th birthday; (3) continuously resided in the United States since June 15, 2007 up to the present time; (4) been physically present in the United States on June 15, 2012; (5) been physically present at the time of requesting deferred action from USCIS; (6) entered without inspection before June 15, 2012 or had any lawful immigration status expired on or before this deadline; (7) been in school at the time of application, or have already graduated or obtained a certificate of completion from high school, or have obtained a general educational development (GED) certificate, or are an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and (8) not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. You can read more about DACA at http://myattorneyusa.com/deferred-action-for-childhood-arrivals-daca.... Read Answer

You may have a medical malpractice case.  Your first doctor can be found liable for failing to diagnose the problem, and possibly for surgical errors if it can be demonstrated that there was a deviation of standard of care.   Please keep in mind, most states have a statute of limitations for Medical Malpractice lawsuits, so you should speak with an attorney to ensure your claim is filed in a timely manner. Medical malpractice lawsuits can be very complicated and will require thorough investigation, expert testimony and more. The sooner you contact a malpractice lawyer, the sooner they will be able to build your case. Our Connecticut Medical Malpractice Attorneys are licencsed in Connecticut only. Contacing a lawyer in your area is important for a medical malpractice case.  D’Amico, Griffin & Pettinicchi, LLC465 Straits TurnpikeWatertown CT, 06795Phone: (860) 945 6600 ... Read Answer

1. Your status does not automatically revert back to H-4. You would need to either file a change of status before terminating your employment or depart the United Stares and re-enter with a valid H-4 visa. 2. There is no grace period if your employment is terminated. Your status automatically terminated upon termination of employment. 3. You would need a new H-1B petition. You would be cap exempt assuming your prior employer was cap exempt.... Read Answer

Determining if you are in fact a United Stares citizen will take some research. You should request a copy of your complete alien file from USCIS through the Freedom of Information Act. You could also file a request for your father's alien file. These files will hopefully provide you with the information you need. You should consider working with an experienced immigration attorney as he/she cannot only request the files but also review them.... Read Answer